A. D. 1886. Governor may appoint com police. CHAPTER 184. An Act respecting the Police of Canada. HER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : 1. The Governor in Council may, from time to time, appoint, missioners of by commission under the Great Seal, one or more fit and proper persons to be a commissioner or commissioners of police within Canada, or within one or more of the Provinces, Territories or Districts of Canada, or within any one or more of the districts or counties in any Province, Territory or District, or within any temporary judicial district, or any provisional judicial district in Ontario. 42 V., c. 37, s. 1. Appointment of police constables. and powers. 2. The Governor in Council may, from time to time, direct and authorize any commissioner of police, under this Act to appoint any fit and proper persons to serve as police constables under and within the jurisdiction of such commissioner of police, and such commissioner may, at his pleasure, remove any such Their duties police constable; and every such police constable shall obey all lawful directions and be subject to the government of such commissioner of police, and shall be charged with all the powers, rights and responsibilities which belong, by law, to constables duly appointed in the Province, District or county of the Province or Territory for which they are appointed, but for the purpose of carrying out the criminal laws and other laws of Canada only. 31 V., c. 73, s. 2. Powers of the commissioners in carrying out the laws of Canada. 3. Every such commissioner of police shall, for the purpose of carrying out the criminal laws and other laws of Canada only, have and exercise, within the limits of his jurisdiction, all the powers and authority, rights and privileges, by law appertaining to justices of the peace generally, and shall, within the limits of his jurisdiction within any Province, have and exercise, for the purpose aforesaid, all the powers and authority, rights and privileges by law appertaining to police magistrates of cities in the same Province, and shall, within the limits of his jurisdiction in any of the Territories or Districts of Canada, have and exercise, for the purpose aforesaid, all the powers and authority, rights and privileges by law appertaining to stipendiary magistrates in the same District or Territory, and shall be subject in all respects, except as otherwise provided by this Act, to the regulations of the law of the Province, District or Territory, in which he is acting, respecting police magistrates and the office of justice of the peace; but it shall not be necessary for any No property commissioner of police appointed under this Act to possess any &c., required. qualification, property qualification, or to be actually resident within the Province, District or Territory for which, or part of which, he is appointed. 42 V., c. 37, s. 2. 4. Every such commissioner of police shall keep minutes of Duties of comevery proceeding had by and before him, and shall keep such missioners, accounts, make such returns and collect such information within his jurisdiction, and perform such other duties as the Governor in Council, from time to time, prescribes and requires. 31 V., c. 73, s. 5. pay and an ment. 5. Every such commissioner of police and every such police Regulations, constable, shall be subject to such regulations in respect to the nual account order, management and disposition of the police and shall to Parliareceive such rates of pay or allowance as are, from time to time, prescribed by the Governor in Council; and an account shall be laid before Parliament, within the first fourteen days after the meeting of each session, of the average number of men employed during each month of the year, and of their pay and travelling expenses. 31 V., c. 73, s. 6. by police 6. Every such police constable, who is guilty of any dis- Penalty for obedience of orders, neglect of duty, or any misconduct as such misconduct police constable, shall, on summary conviction before any com- constable. missioner of police, police magistrate or justice of the peace, be liable to a penalty not exceeding forty dollars and costs, and in default of immediate payment thereof, to imprisonment for any term not exceeding three months, unless such penalty and costs are sooner paid; and any such person may be proceeded against by indictment for any offence committed by him as such constable, but not both by indictment and under this Act for the same offence. 31 V., c. 73, s. 3. 7. All moneys arising from penalties, forfeitures and fines Application imposed by any commissioner of police, if not directed by law of penalties. to be otherwise appropriated, shall be, from time to time, paid to such commissioner of police, who shall account for the same and pay over or disburse the moneys arising therefrom at such times and in such manner and to such persons as the Governor in Council, from time to time, directs. 31 V., c. 73, s. 7. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most A. D. 1886. Limitation of actions and [11-12 V., C. 44, ss. 8 and 10.] CHAPTER 185. An Act respecting actions against persons adminis tering the Criminal Law. HE ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Every action and prosecution against any person, for prosecutions. anything purporting to be done in pursuance of any Act of the Parliament of Canada relating to criminal law, shall, unless otherwise provided, be laid and tried in the district, county or other judicial division, where the act was committed, and not elsewhere, and shall not be commenced except within six months next after the act committed. 31 V., c. 15, s. 7, part ; -32-33 V., c. 29, s. 130. 2. Notice in writing of such action and of the cause thereof, shall be given to the defendant, one month at least before the commencement of the action. 32-33 V., c. 29, s. 131. 3. In any such action the defendant may plead the general issue, and give this Act and the special matter in evidence at any trial had thereupon. 31 V., c. 15, s. 7, part ;—32-33 V., c. 29, s. 132. 4. No plaintiff shall recover in any such action, if tender of sufficient amends is made, before such action brought, or if a sufficient sum of money is paid into court by or on behalf of the defendant, after such action brought. 32-33 V., c. 29, s. 133. 5. If such action is commenced after the time hereby limited for bringing the same, or is brought or the venue laid in any other place than as aforesaid, a verdict shall be found or judg nient shall be given for the defendant; or if the plaintiff' becomes non-suit, or discontinues any such action after issue joined, or if upon demurrer or otherwise, judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and shall have the like remedy for the same as any defendant has by law in other cases; and although a verdict or judgment is given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge, before whom the trial is had, cer tifies his approval of the action. 31 V., c. 15, s. 7, part ;32-33 V., c. 29, s. 134. peace, &c. 6. Nothing herein shall prevent the effect of any Act in Protection of force in any Province of Canada, for the protection of justices justices of the of the peace or other officers from vexatious actions for things purporting to be done in the performance of their duty. 32-33 V., c. 29, s. 135. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most A. D. 1886. Short title. Judicial of Pro vincial statutes. H lows CHAPTER 139. An Act respecting Evidence. ER Majesty, by and with the advice and consent of the 1. This Act may be cited as "The Evidence Act." 44 V.. c. 28, s. 6. 2. In any criminal proceeding or any civil proceeding in token to be respect of which the Parliament of Canada has jurisdiction in this behalf, whenever it becomes necessary or expedient to prove or give in evidence any statute of any Province of the Dominion of Canada or of the late Province of Canada, passed either before or after the passing of "The British North America Act, 1867," the court or judge before whom such proceeding is pending, or being heard or tried, shall take judicial notice of any such provincial statute, in like manner and way as if such statute was a statute of the Province in which such proceeding is being heard or tried; and any copy of any such statute purporting to be printed and published by the printer authorized to print and publish the same, shall be receivable and received in evidence to prove the contents thereof in every court having cognizance of any such proceeding. 49 V., c. 50, s. 1. Prima facie evidence of proclama Governor 3. Prima facie evidence of any proclamation, order, regulation or appointment, made or issued by the Governor General tions, &c., of or by the Governor in Council or by or under the authority of any Minister or head of any department of the Government of Canada, may be given in all courts of justice established by the Parliament of Canada, and in all legal proceedings whatsoever, civil or criminal, over which the Parliament of Canada has legislative authority in all or any of the modes hereinafter mentioned, that is to say : General, &c. 31-32 V., c. 37, s. 2.] Canada Copy printed by Q. P. (a.) By the production of a copy of the Canada Gazette or of a volume of the Acts of the Parliament of Canada purporting to contain a notice of such proclamation, order, regulation or appointment; (b.) By the production of a copy of such proclamation order. regulation or appointment, purporting to be printed by the Queen's Printer for Canada; and |